What is the property assessment report & how will it affect my buying decision?
The property assessment report is prepared after visiting a property to assess its location advantages and other associated factors like proximity to utilities, hospitals, schools, etc.
This activity may also help you to discover certain local threats to the property. Our visits to the property may bring out any possible litigation issues/ problems with title and could help in the decision making process.
Why is the legal scrutiny report important?
All the property papers will be scrutinized by our legal experts and they will find out the ownership and marketability of the property. They will check whether the property is free from all legal issues.
You have mentioned that my property papers will be scrutinized by your legal experts. How are these experts related to your organization?
Your papers will be scrutinized by our lawyers who are empanelled with us for several years. They will be working along with our in house legal experts. Our lawyers have lots of experience in dealing with a variety of complicated property matters
How would you confirm the authenticity of property papers submitted by the seller & what is the kind of report I can expect from you after the completion of the authentication process? Is it really required even after doing a legal verification?
Our executives will check with the concerned Government department or approval authorities, to check the authenticity of property papers. After verifying property documents, we will send you a detailed authenticity report which will contain the systematic verification status of the documents on parameters like document reference number, place of issuance & date of issuance etc. along with the feedback from the concerned Issuance or Government department. This is a necessary step in the buying process especially if you are buying a plot of land because we have come across various instances of forged documents that could easily pass a legal scrutiny. A legal scrutiny is no guarantee against forgery and fraud.
What steps would you take or recommend in case documents submitted by the seller are found to be fake?
If the document is found to be fake or having discrepancies during the authenticity check we will immediately escalate it to you. Normally in such cases, our lawyers will not give a go ahead for the buy and will advise you to look for another property. However, if we have sufficient reason to believe that the seller himself is not aware of the discrepancies prior to our finding we can request them to bring the required documents reissued from the respective government authorities after rectification. Once this is done our lawyers can review it again and advise you accordingly. Additional fees may be applicable for such extra work and it would depend on the complexity of the cases and place of issuance.
What if the documents submitted by the seller are incomplete? Who will be responsible for procuring these documents & who will bear the cost of procurement? Can YMI provide assistance in procuring these documents?
In case required property documents are missing/in complete, seller would be responsible for procuring these documents & would be responsible to bear the expenses incurred in the process of procuring these documents. YMI can provide guidance regarding how to get these documents reissued/procured from the respective government authorities. If you want us to procure those documents, YMI can work towards getting those document issued again with an additional charge and within a reasonable time period on a best effort basis.
How would you assist me in drafting a POA (Power of Attorney)? Can I issue a POA to YMI for handling the task? How can I be sure that you will not misuse the POA?
We would assist you in drafting a POA in following ways:
We will provide you instruction on how to get a POA done. We will provide you a sample draft of POA.
Yes, you can always issue a POA to YMI for executing the required task on your behalf in India. We will always request for a specific POA towards a particular activity specific to a particular property. On the basis of a specific POA issued, the company shall duly authorize a representative (company employee) to act on behalf of the company & this will be done as per the legal procedures. Powers will be revoked once the desired activity is completed.
What is "adjudication" of POA & why is it required for NRIs (Non Resident Indians)?
The process of getting the POA adjudicated as per the Indian Stamp Act is called "Adjudication". All POA's issued in foreign countries, due the NRI being resident outside India have to be adjudicated to make it a legally accepted document for any property transaction in India.
Can YMI assist me in drafting a valid sale agreement?
Yes, YMI can assist you in drafting a valid sale agreement and send it for your approval.
Do you charge separately for drafting sale agreement/POA adjudication?
If you have subscribed to our buying assistance package we will not be charging any service fee for drafting the sale agreement and assistance on POA. All the fees towards the adjudication of the POA (if required in your case) will be separate and will be charged on actual cost basis.
What are the various steps involved in the sale deed registration process?
Sale deed registration* process differs from state to state within the country. Following are the few common steps that are followed at the time of sale deed registration:
- Convenient date for registration will be fixed after checking with the seller & buyer / POA holder (in case if is it issued)
- Coordination with the sub-registrar office in terms of the documentation requirement for registration, and intimation of the same to the seller and buyer or POA holder.
- Registration time will also be checked and intimated to the seller / buyer or POA holder
- Registration cost - stamp duty, service tax, etc will be calculated well in advance and an equivalent draft / banker's cheque will be made ready. Mode of payment will be discussed and the payments have to made by the buyer / POA holder at the time of registration.
*The above details are provided for the purpose of reference only. The process & requirements for registration are subjected to change in government policies
What are the documents required at the time of registration & what will be the registration fees?
The list of document & fee required to complete the sale registration process differs from state to state and will vary based on the regulations issued from time to time. Before registration, YMI will check with the concerned sub-registrar's office on the documentation requirement and will communicate the same to the seller & buyer. Registration fee too keeps varying from place to place and regulations issued from time to time from respective government authorities.
Who would be available from YMI for assistance at the time of registration in case POA is issued to my local contact or if I plan to make myself available for the registration?
Our executive will be available at the time of registration in order to provide instant guidance & support to the POA holder/yourself. YMI will be present to coordinate with all the concerned parties to the transaction at the time of registration and ensure a smooth transfer.
Does your job end with completion of the registration process?
Our job does not end with getting the sale deed registered. After registration, the registered sale deed will be collected and delivered to you. YMI will also provide you with assistance in obtaining Encumbrance Certificate, Khata / Patta certificate and payment of property tax after registration (Post sale paperwork).
When do I have to make the final payment to the seller and how is it normally done?
Normally the final payment to the seller is paid in the form of a draft at the sub-registrar's office at the time of registration. However, it also depends on the terms and conditions of the sale agreement between you and the seller. YMI can assist in this payment by collecting the required draft from you and handing it over to the seller at the time of registration.
How can YMI assist me in applying for a Home Loan?
YMI will assist you by providing information on home loans at various Banks or Housing Finance Companies and would pass the contacts at the Banks or HFC's located in the city where you are planning to purchase.
>When & how would I receive updates about the status of my order?
You would be receiving updates on your order/(s) on a regular basis from YMI. All the updates based on the progress of the order will be sent to you through email / website
What if the seller commits a breach of contract? What role would you play in safeguarding my part?
In case of a legal breach of contract from seller's end, YMI's legal team will review the contract and will suggest various possible legal options to safeguard your interests. However, you have the option to take recourse to legal remedies for enforcing the contract on your own without assistance from YMI.
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